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All Journal Indonesian Journal of Islamic Law (IJIL) Al-battar: Jurnal Pamungkas Hukum
Uthman Mehdad Al-Turabi
Omdurman Islamic University, Sudan
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Toward a Maqāṣid-Based Legal Reform: Systemic Thinking for Social Transformation in the Modern Muslim World Uthman Mehdad Al-Turabi; Jasser Auda
Indonesian Journal of Islamic Law Vol. 8 No. 2 (2025): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/fhw10v84

Abstract

This article re-examines the role of maqāṣid al-sharī‘ah in contemporary Islamic legal reform, emphasising the need to move beyond classical textualism towards a purposeful paradigm of law grounded in human welfare and moral intentionality. Through a systems-theoretical approach, the study seeks to reconstruct Islamic jurisprudence as a dynamic framework capable of responding to modern challenges such as human rights, human dignity, social justice, and environmental sustainability. The theoretical framework builds upon six systemic features—connectivity, wholeness, openness, interrelated hierarchy, multidimensionality, and purposiveness—which serve as analytical criteria for evaluating how Islamic law can function both ethically and adaptively. Using a normative-qualitative approach, the study compares three reform contexts: family law reform in Indonesia, the constitutional embedding of maqāṣid in Morocco, and penal reform in post-revolution Tunisia. Data are drawn from legislative texts, constitutional provisions, and public policy documents, which are then mapped through the systemic maqāṣid framework. The results show that reforms based on systemic maqāṣid reasoning lead to not only procedural but also transformative legal change, which supports both divine intent and human dignity. The novelty of this research lies in operationalising maqāṣid as a meta-legal philosophy that bridges normative principles with institutional practice. By situating maqāṣid within the discourse of governance and public policy, this article affirms the relevance of Islamic law as a living ethical system—one that is just, humane, and capable of sustaining moral transformation in the modern Muslim world.
The Wife's Duty to Take Care of the House: A Critical Study of the Perspective of Nāṣiruddīn Al-Albānī Arsyil Adlimi; Khairani Khairani; Boihaqi Haqi; Umi Hasheida Hussain; Uthman Mehdad Al-Turabi
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.484

Abstract

This article examines the wife's obligations in managing household chores from the perspective of Nasiruddin Al-Albani, highlighting the tension between classical normative constructions and the dynamics of contemporary family relations. This study uses a normative legal approach through a conceptual method, by examining Al-Albani's works as primary legal sources, supported by secondary and tertiary legal materials. The analysis is conducted in a prescriptive-critical manner to assess the relevance of this view in a modern social context. The results show that Al-Albani affirms the wife's obligation to manage domestic chores as a consequence of the marriage contract, based on the evidence of the Qur'an, hadith, and historical practices. However, when measured against contextual parameters such as changing gender roles, women's economic participation, and the principle of relational justice in the family, this view shows limited relevance. This study recommends a normative reinterpretation that emphasizes the principles of musharaka (cooperation) and ta'awun (mutual assistance) between husband and wife in managing the household.
Co-Authors Arsyil Adlimi Boihaqi Haqi Jasser Auda Khairani Khairani Umi Hasheida Hussain